What an employment disability attorney does
An employment disability attorney represents workers in disputes with employers over disability-related treatment on the job. They handle cases where you believe you were fired, denied a promotion, not given reasonable accommodations, or otherwise treated unfairly because of a disability. They do not represent you in the Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) process — that is a separate practice area handled by Social Security disability lawyers.
Employment disability attorneys work under federal and state laws that protect workers with disabilities. The main federal law is the Americans with Disabilities Act (ADA), which applies to employers with 15 or more employees. Many states have their own disability discrimination laws that cover smaller employers or provide stronger protections. An employment disability attorney knows which law applies to your situation and how to use it.
The work itself varies. Some cases settle before trial; others go to court or to arbitration. Your attorney will gather evidence, interview witnesses, review company documents, and build a record showing that discrimination occurred. They may also negotiate with your employer's legal team to reach a settlement that includes back pay, damages, or a written agreement to change the discriminatory practice.
Key Takeaways
- Employment disability attorneys handle workplace discrimination cases under the ADA and state law, not SSDI claims or appeals.
- You have a right to request reasonable accommodations — changes to your job or workplace that let you do your work despite your disability — and an attorney can force an employer to consider your request.
- Most employment cases settle without trial, but your attorney must be ready to litigate if the employer refuses to negotiate fairly.
- You typically pay nothing upfront; employment disability attorneys usually work on contingency, taking a percentage of any settlement or judgment you win.
- The important date to file a charge with the Equal Employment Opportunity Commission (EEOC) is usually 180 to 300 days from the date of the discrimination, depending on your state.
When you need an employment disability attorney
You may need an employment disability attorney if your employer has treated you worse because of a disability and you want to challenge that treatment. Common situations include: you asked for a reasonable accommodation (such as a flexible schedule, remote work, or modified duties) and your employer refused without good reason; you were fired shortly after disclosing a disability or requesting an accommodation; you were passed over for a promotion or raise because of your disability; or your employer made your work environment hostile by mocking your disability or isolating you from team activities.
Not every unfair workplace decision is illegal discrimination. Your employer can fire you for poor performance, missing important date, or violating company policy — even if you have a disability. But they cannot fire you because of your disability, and they cannot refuse to make a reasonable change to your job unless doing so would cause them undue hardship (a high legal bar that means significant difficulty or expense). An attorney can tell you whether your situation crosses the line into illegal discrimination.
You should also consider an attorney if your employer retaliated against you for requesting an accommodation or for filing a complaint about discrimination. Retaliation — such as cutting your hours, reassigning you to a worse job, or creating a hostile environment — is itself illegal under the ADA and most state laws.
How to find an employment disability attorney
Start with your state bar association's lawyer referral service. Most state bars maintain a searchable directory of attorneys by practice area; search for "employment law" or "disability discrimination." The referral service does not vet attorneys beyond confirming they are licensed, so you will still need to interview candidates.
You can also contact your state's disability rights organization. Every state has a federally funded protection and advocacy agency that works on disability issues; many maintain lists of attorneys who handle employment cases or can refer you to one. The National Disability Rights Network (ndrn.org) has links to each state's agency.
Local legal aid organizations sometimes handle employment discrimination cases for low-income workers. Call your county bar association or search "legal aid [your state]" to find the office nearest you. They may not take your case if your income is above their limit, but they can often refer you to a private attorney who will.
When you contact an attorney, ask whether they work on contingency (you pay nothing unless you win) and what percentage they take. Most employment disability attorneys do work on contingency, but terms vary. Ask how many employment discrimination cases they have handled, whether they have experience with your type of disability or industry, and whether they have gone to trial or mostly settle. An attorney who has never tried a case may be less effective in negotiation because the employer knows they will not push back hard.
What happens before you file a lawsuit
Before you can sue your employer in court, you must file a charge of discrimination with the Equal Employment Opportunity Commission (EEOC) — the federal agency that enforces the ADA. In some states, you file with both the EEOC and a state agency that handles employment discrimination. Your attorney will prepare and file this charge for you.
The important date to file is strict: you have 180 days from the date of the discrimination if you live in a state without its own employment discrimination law, or 300 days if your state has one. Your attorney must know your state's important date and file before it passes. If you miss the important date, you lose the right to sue.
After you file, the EEOC investigates. They contact your employer, ask for documents, and may interview you and witnesses. This process usually takes several months. The EEOC then issues a letter saying they found reasonable cause to believe discrimination occurred, or they found no reasonable cause. Even if they find no cause, you can still sue on your own (with your attorney) — the EEOC's decision is not binding on a court.
Many cases settle during or after the EEOC investigation. Your attorney may negotiate directly with your employer's legal team, or the EEOC may offer mediation, where a neutral person helps both sides reach a deal. Settlement is often faster and cheaper than trial, though it means you give up the right to sue further on that claim.
What reasonable accommodations are and why they matter
A reasonable accommodation is a change to your job, work schedule, or workplace that lets you do your job despite your disability. Examples include: a flexible start time if your disability makes mornings difficult; the ability to work from home part-time; a modified desk or ergonomic equipment; a quiet space to take medication or manage symptoms; written instructions instead of verbal-only training; or a service animal in the workplace.
Your employer must consider your request for a reasonable accommodation unless they can show that granting it would cause them undue hardship — meaning significant difficulty or substantial cost. A small business may have a lower threshold for undue hardship than a large corporation, but the law still requires them to try. Saying "no" without exploring options or claiming cost without evidence is not enough.
Many employment discrimination cases turn on whether an employer wrongly refused a reasonable accommodation. If you asked for one in writing (email is fine) and your employer said no without explaining why, or gave a reason that does not hold up, an attorney can use that refusal as evidence of discrimination. Even if you were not fired, the refusal itself can be the basis for a lawsuit.
What you might recover in a settlement or judgment
If you win your case — either through settlement or trial — you may recover back pay (wages you lost from the date of the discrimination until the case ends), compensatory damages (money for emotional distress, damage to your reputation, or other harm), and in some cases punitive damages (extra money meant to punish the employer for intentional discrimination). You may also recover attorney fees and court costs, which the employer must pay.
The amount varies widely depending on how much money you lost, how severe the emotional harm was, and how clear the discrimination was. A settlement might range from a few thousand dollars to six figures in cases involving termination, long-term harassment, or a large employer. Your attorney can give you a sense of the range based on similar cases in your area and industry.
Some settlements also include non-monetary terms: a written apology, a letter of reference, reinstatement to your job, or a commitment to change company policy. These can matter as much as money, depending on what you want to happen next.
The difference between employment disability law and SSDI law
Employment disability attorneys and Social Security disability attorneys practice different areas of law and handle different problems. An employment disability attorney helps you fight workplace discrimination. A Social Security disability attorney helps you win SSDI or SSI benefits by proving to the Social Security Administration that you cannot work.
The two are not mutually exclusive — you can have both a workplace discrimination case and an SSDI claim at the same time. But they are separate. If you are looking for help with an SSDI process or appeal, you need a Social Security disability attorney, not an employment disability attorney. If you are fighting your employer over how they treated you because of your disability, you need an employment disability attorney.
Some law firms handle both practice areas, but most attorneys specialize in one or the other. When you call, ask explicitly which type of case you need help with so you reach the right person.
Frequently Asked Questions
Do I have to tell my employer I have a disability before I can sue for discrimination?
Not always, but it usually helps your case. If your employer did not know you had a disability, they cannot have discriminated against you because of it — unless you told them and they treated you worse afterward. The strongest cases involve a clear connection: you disclosed a disability or requested an accommodation, and your employer's treatment changed. If your disability was obvious or your employer found out another way, that still counts.
What if I signed a non-disclosure agreement or arbitration clause?
An arbitration clause means you must resolve the dispute through arbitration (a private hearing) rather than court, but you can still sue. A non-disclosure agreement cannot prevent you from reporting discrimination to the EEOC or from suing; those are protected rights. Your attorney will know how to navigate these clauses and what they do and do not prevent.
Can my employer fire me for filing a charge with the EEOC?
No. Firing you, demoting you, cutting your hours, or otherwise punishing you because you filed a charge is retaliation, which is illegal. If your employer retaliates after you file, that is a separate claim your attorney can add to your case. Document the retaliation (dates, what happened, who witnessed it) and tell your attorney right away.
How long does an employment discrimination case usually take?
Cases that settle during EEOC investigation may resolve in six months to a year. Cases that go to trial typically take two to three years from the date you file your charge. Your attorney can give you a more specific timeline based on your state's court system and the complexity of your case.
What if I cannot afford an attorney?
Most employment disability attorneys work on contingency, so you pay nothing upfront and nothing if you lose. If you cannot find a private attorney willing to take your case, contact your state's legal aid office or disability rights organization; they may handle the case directly or refer you to an attorney who will.